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New U.S. Chamber Report Finds that Failure to Enforce Court Rules Contributes to West Virginia's Poor Litigation Environment

WASHINGTON --(Business Wire)--

A new report released today by the U.S. Chamber Institute for Legal
Reform (ILR) finds that court rules designed to bring fairness and
balance to asbestos litigation in West Virginia have been ignored,
contributing to the state's poor legal environment. Obstacles
to Fair Trial: Asbestos Cases in West Virginia outlines how the
state incentivizes settlements of even questionable lawsuits by
confronting businesses with an overwhelming number of cases coming to
trial at the same time, making it extremely difficult to defend cases.

The report
shows that asbestos docket judges' failur to enforce established
procedures creates a system tilted against defendants and has encouraged
a flood of suspect claims in the state. ILR's report outlines meaningful
reforms that West Virginia can make, including reducing the number of
cases prepared for trial simultaneously, fully enforcing existing court
rules, and adopting legislation that would require plaintiffs' lawyers
to disclose asbestos bankruptcy trust filings to defendants sued in
court.

"West Virginia's attempts to bring balance and fairness to asbestos
litigation through court rules have fallen flat because judges haven't
effectively enforced them," said ILR President Lisa A. Rickard. "The
courts must enforce the rules they've put in place. If they can't or
won't, the state legislature should act to ensure there's fairness in
the system."

Starting in the early 2000s, the West Virginia Circuit Court in Kanawha
County, which handles many of the state's asbestos cases, adopted a
series of rules seeking to better manage its docket and provide a more
just trial system. However, plaintiffs' lawyers consistently defy those
rules.

ILR seeks to promote civil justice reform through legislative,
political, judicial, and educational activities at the national, state,
and local levels.

The U.S. Chamber of Commerce is the world's largest business federation
representing the interests of more than 3 million businesses of all
sizes, sectors, and regions, as well as state and local chambers and
industry associations.